Author: GJackson@philadefender.org

Keisha Hudson Testimony on Legal Services for Immigrants

Posted on by GJackson@philadefender.org

On January 22, 2025, Chief Defender Keisha Hudson delivered testimony before City Council on the increased need to provide legal representation to undocumented people in Philadelphia. Read the full written testimony below, click here for a printable version, or watch the video:

 

 

Good morning Chairwoman Gilmore Richardson, Vice Chair Brooks, and Councilmembers Bass, Landau, O’ Neill, Phillips, and Squilla. I’m Keisha Hudson, Chief Defender  at the Defender Association of Philadelphia. 


Thank you Councilmember Landau for introducing this resolution and for the opportunity to present to the committee the current legal services Defender provides to clients facing immigration consequences from their involvement with the criminal justice system and our plan to expand our legal services to provide direct representation to Philadelphians, including those not involved with the criminal legal system, who are at risk of deportation.


Currently our office has two part time ‘crimmigration’ attorneys who split their time between us and the Nationalities Services Center (NSC) and one mitigation specialist. This team works in conjunction with our appellate attorneys to advise our attorneys as to the immigration consequences our clients will face as a result of their involvement with the criminal legal system. 


Client Profile: Mr. B


This team helps people facing immigration challenges, like Mr. B., a non-citizen from the Dominican Republic who last came to the U.S. in 2022. He had been removed by Customs and Border Protection (CBP) before, but he returned after the Trinitarios gang—who had already harmed him—tried to kill him again. In 2023, he was arrested in Philadelphia for a first-time DUI and later detained by ICE in another state.


Our crimmigration attorney, Whitney Viets, and mitigator, Daniela Tovar Martinez, put together a strong request for his release. They included detailed evidence showing his good character, strong family ties in the U.S., and the serious health issues of his loved ones back home. His defense attorney, Edward Jilozian, helped get his DUI case withdrawn, which strengthened our case for release. These requests are rarely approved, but in Mr. B.’s case, ICE granted his release last summer.


Now, Mr. B. is able to keep supporting his 7-year-old twin daughters, who have severe asthma, and his elderly mother, who is battling cancer. His release means he can continue to help pay for their medical care while he waits for his immigration hearing, which may not happen until 2027 or later.


Our Current “Crimmigration” Legal Representation


Currently our immigration work, like that involving Mr. B., is funded through our partnership with the NSC, the organization which holds the contract with the city to provide immigration services. These services are currently  funded by the Pennsylvania Immigrant Family Unit Project (PAIFUP) grant. This project provides legal representation to people detained by ICE through the PAIFUP who lived, worked, or studied in Philadelphia before detention, or plan to reunite with family in the city after their release.


Services supported by the PAIFUP project use a universal representation model that screens eligible individuals for services and offers representation regardless of the strength of their immigration case. When capacity allows, the services include representation of not just detained persons, but also people who reside, work in, or go to school in Philadelphia who are at risk of detention and deportation.  


Since 2019, PAIFUP has grown from just 3 to roughly 5 full time attorneys, and has represented 213 members of the community. But the overwhelming majority of people processed by Philadelphia Immigration Court still lack legal representation. Since October 2019, 65% of the 102,671 deportation cases processed by Philadelphia Immigration Court were unrepresented individuals. Legal representation matters–39% of PAIFUP clients whose cases were completed have achieved outcomes that allow them to remain in the United States versus only 19% of unrepresented cases.


Representation also helps to maintain strong and stable communities in the city. For example, among people who were initially detained, 45 percent of clients were released from custody, either on bond or at the conclusion of their legal cases, allowing them to stay within the community and with their families or jobs.


Additionally, representation enables our clients to effectively raise their legitimate defenses with 70 percent of clients applying for some legal defense against deportation, and among these people, 80 percent pursued protection-based claims for relief, like asylum.


The Case for Expansion of Services


With the support of the Nationalities Services Center (NSC), and other partner groups currently receiving funding through the city’s contract with NSC, we seek resources to expand our immigration services and take on a larger role in the administration of PAIFUP.

 

We will keep working with our partners to make sure a portion of PAIFUP funds are used to support peer-to-peer support, helping organizations share best practices in managing finances and contracts for this statewide legal effort. We’ll also continue supporting community groups and legal service providers to make sure no Pennsylvania resident faces detention or deportation without a lawyer.

 

In practice, this proposal would mean that the Defender Association will create an Immigration Defense Unit within our office, staffed with attorney and non-attorney members who specialize in defense and removal practice in federal court. This unit will ideally comprise 13 attorneys and non-attorneys, including 2 legal fellows.

 

A recent report estimates that nearly 50,000 Philadelphians may be at risk of detention or deportation in the upcoming years.To meet anticipated needs, we believe the Defender Association should expand its partnership with the existing network of community organizations, house all of the services in one shop and invest in additional staffing similar to other large scale public defender and community partnerships in places like New York, Los Angeles and Chicago. This will ensure more people have a chance of receiving quality representation by doubling the staff currently working on these issues, while expanding service capacity by allowing for much more effective representation.

 

Ultimately, this restructuring would: streamline divisions of labor and case acceptance; prevent duplication of resources; add professional and administrative staff to assist with investigative, family support, and social services;  and house all part time employees under one shop and one supervisor.

 

To fund this project the Defender proposes absorbing the PAIFUP funding and seeking an additional investment from the city of $800,000.


Conclusion


While the future of undocumented members of our community is uncertain, we must anticipate that members of immigrant communities throughout the city will face even greater challenges in the years ahead. That’s why it’s crucial for our office to expand its legal representation for immigration. Now more than ever people at risk of deportation need a streamlined, well-resourced, and responsive legal team to ensure their individual rights are protected and they have access to the resources and advocacy they need. 


During the first Trump administration, our city faced challenges when federal funding was delayed or withdrawn because our city’s policies did not align with the federal requirements. In the upcoming months or years, the city may be faced with tough economic choices as it balances the needs of our community. 


Committing to an expansion of PAIFUP’s and the Defender’s immigration services will allow us to be better prepared to anticipate upcoming shifts in policy and ensure that we are equipped to help Philadelphians navigate the complexities of immigration law in this ever changing environment.

 

Defender Statement on Juvenile Detention Special Report

Posted on by GJackson@philadefender.org

PHILADELPHIA—”Today’s Philadelphia Inquirer special report highlighting the alarming rates of juvenile detention and placement and the abusive conditions faced by young people in the justice system brings much-needed attention to a heartbreaking reality. We’re grateful to the Inquirer for shining a light on this issue and for sharing perspectives that show the real impact of these systemic failures. 

 

“We are also grateful for the exceptional advocacy of our leadership team and public defender, Brendan Lokka and to our client, Abdul Anderson. Our youth often express how terrified they are to speak up on their experiences in detention and placement. Adbul’s bravery in coming forward and speaking to his experience shines a bright light on what so many of our youth go through as they navigate an already traumatic and detrimental juvenile justice system.
 

“For too long, our youth justice system has fallen short in providing the care, safety, support, education, and rehabilitation that children need. The conditions described in the story aren’t isolated—they’re part of a larger problem rooted in outdated policies that focus on punishment instead of prevention, alternatives to detention and placement, and rehabilitation. The Defender Association has been calling for action and offering solutions, but meaningful change will require bold contributions from every leader and organization that plays a role in our system.  

 

“We’re committed to working together to build a youth justice system that prioritizes protecting and uplifting young people rather than causing further harm. We invite city and state leaders, community groups, and advocates to join us in making the changes our youth desperately need. 

 

“This is a moment to reflect on how we can shift resources from detention to supporting youth and families at home and in the community. If detention or placement is the only option, we must  invest in the trauma-informed rehabilitation and robust education and reentry support they deserve so that they can thrive.” 

 

# # #
 

Keisha Hudson on Passage of Prison Oversight Bill

Posted on by GJackson@philadefender.org

PHILADELPHIA—“The Defender Association of Philadelphia applauds City Council–in particular, bill sponsors Isaiah Thomas and Nicolas O’Rourke–for the unanimous passage of prison oversight legislation. This bill represents a crucial step toward accountability and transparency in Philadelphia’s jails. 

 

“Managing over 4,000 individuals in secure facilities is a monumental task that requires effective oversight and community partnership. This legislation is an important first step toward building trust and ensuring the City’s correctional system is accountable for the safety of prison employees and incarcerated people.

 

“The passage of this bill is a pivotal moment for reform, but to be effective, every system stakeholder must collaborate on the implementation of this legislation and other solutions to the systemic challenges within our jails. The Defender Association remains committed to collaborating with justice system partners to create meaningful and lasting change.”

 

 

# # #

Hon. Judge Lydia Kirkland Joins Defender Board

Posted on by GJackson@philadefender.org

PHILADELPHIA–The Defender Association of Philadelphia is proud to announce that the Honorable Judge Lydia Y. Kirkland, a distinguished member of Philadelphia’s legal community, has joined our Board of Directors. Judge Kirkland brings with her over 30 years of experience as a Municipal Court Judge, including her tenure as Supervising Judge of the Criminal Division, where she championed innovative approaches to justice and rehabilitation.

 

“We are honored and excited to have Judge Kirkland join the Board of Directors of the Defender Association of Philadelphia,” said Defender Board President Paul Hetznecker, “Judge Kirkland served the cause of justice during her three decades on the bench, while at the time serving as a mentor to the countless litigants, public defenders, assistant district attorneys and private lawyers who appeared before her. I am grateful that Judge Kirkland’s experience and knowledge will be in service of our mission as we move into the future.”

 

Throughout her career, Judge Kirkland has been a trailblazer in promoting alternatives to incarceration, creating programs that address the root causes of criminal behavior and prioritize treatment and support. Her forward-thinking leadership exemplifies the kind of systemic reform the Defender Association seeks to advance.

 

“We are thrilled to welcome Judge Kirkland to the Board” said Chief Defender Keisha Hudson. “Her decades of experience, knowledge of our court system, and leadership in pioneering alternatives to incarceration will be invaluable as we continue our fight for equity and justice.”

 

Judge Kirkland’s addition to the board represents a continued commitment by the Defender Association to draw on diverse expertise in our mission to advance justice and improve outcomes for Philadelphia’s most vulnerable residents. 

 

# # # 

Elisa Downey-Zayas: Impact Award Winner!

Posted on by GJackson@philadefender.org

Congratulations to Elisa Downey-Zayas on being named a City & State PA Impact Award recipient!

 

Each year, City & State PA highlights Pennsylvanians transforming their communities and the commonwealth for the greater good.

 

From City & State PA: "Attorney Elisa Downey-Zayas, a specialist in probation and parole, oversees alternative sentencing for the Defender Association of Philadelphia. Since joining the association, Downey-Zayas has led efforts to reduce the number of people on active probation supervision and supported numerous specialty pretrial, parole and reentry programs to provide alternatives to the traditional criminal justice system. She recently secured a grant from the Pennsylvania Commission on Crime and Delinquency to fund a pilot program to support Philadelphia’s reentry goals."

 

Click here to view the entire list

Act 111 and the Fight for Police Accountability

Posted on by GJackson@philadefender.org

The Pennsylvania Supreme Court Case City of Philadelphia v. Fraternal Order of Police Lodge No. 5. is a huge opportunity for the Court to take a stand on police accountability.

 

At the center of it all is Act 111. Act 111 is a decades-old law that shapes how police contracts are negotiated, with big implications for transparency, public safety, and how our city spends its budget.

 

The Defender Association has teamed up with the ARC Justice Clinic and the ACLU of Pennsylvania to file an amicus brief in the case.

 

Download this easy-to-follow explainer from our partners at UPenn Law to learn why this case matters to every Philadelphian.

 

Read the Full Amicus Brief

 

Download the Act 111 Explainer

 

Philly Defenders Secure Safe Release of 100 Clients

Posted on by GJackson@philadefender.org

The milestone is a testament to the power of a collaborative approach to reducing Philly's jail population. 

 

PHILADELPHIA—In response to the dangerous conditions caused by severe staffing shortages in Philadelphia’s jails, the Defender Association of Philadelphia, in collaboration with the First Judicial District and the District Attorney’s Office, has successfully secured the safe release of 100 incarcerated people. This initiative, part of a series of Emergency Bail Hearings led by Judge Karen Simmons, aims to reduce the jail population while maintaining public safety.

 

The Emergency Bail Hearings began on October 1, with additional sessions scheduled in the coming weeks. These hearings prioritize cases involving individuals who can be released pre-trial without posing a threat to public safety. Attorneys from the Defender Association, including Chief Defender Keisha Hudson, First Assistant Defender Sarah Allen, Deputy Defender Stephanie Fennell, Andrew Pappas, and Tom Innes, worked closely with the Courts and the District Attorney’s Office to identify eligible clients.

 

“Reducing the jail population during this crisis is a crucial step in safeguarding both the rights of the incarcerated and the efficiency of our justice system,” said Hudson. “The success of these hearings shows the power of the collaborative approach we’ve been pushing for throughout the staffing crisis on State Road.”

 

Hudson added that the Defender Association is dedicated to continuing these efforts, working with City leaders and other advocates to secure additional releases and address the broader challenges facing Philadelphia’s jails. “This is an important milestone, but there is still much work to be done to ensure that we uphold fairness, accountability, and public safety for every citizen of Philadelphia.”

 

# # #
 

Watch the story on NBC10

Defender Testimony: Prison Oversight

Posted on by GJackson@philadefender.org

On October 29, Director of Prison Advocacy Tom Innes testified on behalf of the Defender Association in support of Ordinance #240817 and Resolution #240834. These proposals aim to amend the city charter to establish an Office of Prison Oversight and a companion Prison Oversight Board.

 

Read the full testimony below, or click here to download a printable version.

Watch Video of Tom Innes's Testimony:

Full Testimony (as submitted for the record)

 

Good afternoon. My name is Thomas Innes, and I serve as the Director of Prison Advocacy at the Defender Association of Philadelphia. On behalf of the Defender Association, I would like to thank Majority Leader Gilmore Richardson, bill sponsors Majority Whip Thomas, Minority Whip O’Rourke, and all members of City Council, for inviting the Defender Association to share our testimony in support of Ordinance #240817 and Resolution #240834. These proposals aim to amend the city charter to establish an Office of Prison Oversight and a companion Prison Oversight Board.

 

This charter change, which creates an independent Prison Oversight Board and Office of Prison Oversight, is about our past, our present, and the future we hope to create. Before discussing the current situation or the future this legislation envisions, I want to share some historical context—one I am uniquely positioned to provide.

 

In addition to my role as Director of Prison Advocacy, I hold the unofficial title of the Defender Association’s longest-serving attorney. I joined in 1978 as a trial attorney and have been with the organization ever since. In 2000, I formed the Prison Services Unit in response to the conditions my clients were facing in jail. Since then, I’ve been the primary point of contact for our attorneys, clients, and their families as they navigate the county jail system.

 

Over the past 24 years, I’ve witnessed every change within the jail—from times when the population was close to 10,000 to moments when it dropped to 3,400. I’ve been there through the HIV/AIDS epidemic, COVID-19, changes in staffing levels, and the introduction of privatized medical care. With every shift, I’ve been on the ground, on State Road, solving problems both big and small.

 

The Problem: Persistent Opacity
One constant remains: the county jail is a persistently opaque institution. This lack of transparency fosters an environment where abuses can occur unchecked. It has also hindered meaningful dialogue between policymakers, corrections staff, and the community about how our city should treat incarcerated individuals.

 

The physical location of the jail is telling. It sits in a remote corner of the city, difficult to reach by public transit. Public access to the buildings is limited, and information is often tightly controlled. I’m one of the few non-incarcerated individuals who can speak directly to what goes on inside, having seen it firsthand for decades.

 

The Current Remedy: Litigation
In the absence of independent oversight, the only avenue for addressing conditions in the jail has been systemic litigation—a reactive measure, not a preventative one. I brought an exhibit [Fig. 1] today to show the long history of lawsuits against the city, each ending in a consent decree because there was no defense against the conditions people were forced to endure.

 

(Fig. 1) SYSTEMIC LAWSUITS AGAINST THE PHILADELPHIA JAILS AND CITY OF PHILADELPHIA
Commonwealth ex rel. Bryant v. Hendrick          1971 Consent Decrees*
Jackson v. Hendrick 1971-2003 Consent Decrees
Warrington v. City of Philadelphia 1998 Consent Decree
Harris v. City of Philadelphia 1982 - 2003 Consent Decrees
Bowers v. City of Philadelphia          2006 - 2008 Court Orders & Consent Decrees
Williams v. City of Philadelphia           2008 - 2016 Consent Decrees
Remick v. City of Philadelphia          2020 - 2024 Consent Decree
*Consent decrees are settlements reached because the conditions were indefensible.

 

Despite the federal oversight, problems persist. In fact, Philadelphia has been under federal consent decrees for 32 of the last 43 years—including the past three years. If litigation alone could have solved these issues, we would not be here today.

 

A History of Failed Attempts at Oversight
Past efforts at oversight have been largely ineffective. The Board of Trustees, formed years ago, was toothless and powerless, mainly serving to rubber-stamp budget requests from the prison administration. Meetings were mostly conducted in private, with limited public notice or participation. I was a non-voting member on this board and witnessed firsthand the lack of true oversight.

 

In 2014, the creation of the Philadelphia Department of Prisons as a separate city department brought another attempt at oversight—a Prison Advisory Board. Unfortunately, it was no different. It lacked authority and continued to operate with minimal transparency. Meetings were often inaccessible and limited to those within the administration. Despite–or maybe because of–my extensive knowledge and experience, I was excluded from serving as a Defender representative on that board, and what little oversight existed quickly dissipated.

 

During the COVID-19 pandemic, the situation worsened as the jails moved from mere opacity to almost complete secrecy. The public and even advocates kept out of the loop. In 2023, the Prison Advisory Board dissolved after growing frustration over its ineffectiveness.

 

Present-Day Challenges
Today, the situation remains dire. The ongoing federal lawsuit, Remick v. Philadelphia, is still unresolved, with the city under a $25 million contempt order for failing to meet agreed-upon conditions.

 

[Philadelphia Department of Prisons] Commissioner Michael Resnick, whom I have known for 20 years, is a good man and an extremely capable leader trying admirably to make changes. However, no single person, no matter how competent, can replace the need for a structured, independent oversight body.

 

The urgent need for independent oversight is underscored by recent events:

 

Over the past 20 months, more than 20 people have died in Philadelphia’s county jail. These deaths are reviewed internally, and families must hire attorneys to access information. Even then, they often face restrictions on sharing what they’ve learned.

 

From May 2023 to May 2024, an average of 106 individuals per month were transported from the jail to emergency rooms—over three per day—with no public explanation.

 

In the same timeframe, 420 incidents of pepper spray use were reported, sometimes occurring multiple times per day, with no external review or justification.

 

Recent events—a stabbing of a corrections officer just last week and two deaths within the last two months—only add to the urgency for oversight. The community deserves transparency about what happens behind the prison walls.

 

Commissioner Resnick’s Proposed Alternatives
Commissioner Resnick has suggested alternatives to an independent board, including expanding roles for the Pennsylvania Prison Society and the Defender Association. Obviously, both organizations are excellent choices to take part in oversight. However, neither has the authority or resources required to enact and ensure permanent and meaningful reforms. The Prison Society, for instance, cannot speak to staff or demand records, and it oversees every jail in the state, not just Philadelphia’s. Similarly, the Defender Association lacks the power to require documentation and relies on requests that the jail can simply refuse.

 

Conclusion
True oversight requires a constant presence inside the jail, with full access to records and the ability to engage directly with staff. The proposed charter change would create an entity capable of this, with the authority and resources to bring genuine accountability.

 

We must never forget that incarcerated people are, in fact, people. Almost all are citizens of Philadelphia who will be returning to communities, families and loved ones. We can’t simply lock them away and forget about them. As citizens we must do all we can to preserve their health and safety, along with the prison employees who are placed in jeopardy every day due to lack of staffing and resources.

 

The jails are a public institution, and the public needs and deserves a clearer view of what happens behind their walls. This charter change would shine a bright and steady light where darkness has reigned for far too long.

 

Thank you for your anticipated support of this initiative.

 

Click here to download a printable version

Talking Prison Conditions on WURD

Posted on by GJackson@philadefender.org

October 8, 2024: Chief Defender Keisha Hudson and Director of Prison Advocacy Tom Innes spoke with Tonya Pendleton about Philly jail conditions on WURD’s “Reality Check.”

 

Full audio below: 

 

 

Follow us: @PhillyDefenders